a couple discussing a thai prenuptial agreement

What is a prenuptial agreement (Prenup)?

Often overlooked in many marriages is the importance of a prenuptial agreement. Thailand prenuptial agreement or Thai prenup are becoming more and more common today, but what is a prenuptial agreement and why is it so important?

A prenuptial agreement, is a legal contract made between two individuals before they get married. Its purpose is to outline the division of assets, property, finances, and other matters in the event of divorce or death of one spouse.

What might be in a Thai prenuptial agreement?

Prenups can differ from one contract to another. What is included in the prenup is up to the two parties involved. Some common elements might include: Asset division (obtained before, during and after marriage), debt allocation (accrued before, during or after marriage), spousal support, inheritance rights, business interests, fianancial responsibilties,property division, pets, dispute mediation and children. They can also include a sunset clause which states the duration of which the prenup might apply for. Remember prenups don’t just cover in case of divorce but can also protect in case of accident or death.

Why is a prenuptial agreement important?

Firstly it is important to understand that a Thai Prenuptial Agreement needn’t be taboo. In many cultures, and especially in Thailand, having a contract held over a relationship can seem insensitive. While it may not seem romantic, it can provide clarity and protection for both parties, especially if they have significant assets or debts. Of course when one enters a marriage there is an expectation that the relationship is strong, built on trust and will last forever, however, a prenup provides a mutual and fair agreement, whilst both spouses are in a good frame of mind.

Do I need a lawyer to make a Thai prenuptial agreement?

While it’s not legally required to have a lawyer to draft a prenuptial agreement, it’s highly advisable to seek legal counsel for several reasons. Family and contract laws can be complex. Although the contract can include almost anything you want, they must follow compliance laws and jurisdiction regulations. A lawyer can also make sure that both parties are fully disclosing all of their assets, and information; failing to do so resulting in a voiding of contract or more. A lawyer will also have the skills and language necessary to make sure that the contract is fully enforceable in a court of law; without ambiguity. Having separate legal representation is also recommended, in order to avoid accusations of duress.